High Court · 2025

2. Heard Sri Narsingh Pandey, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant-Veeru Gupta, seeking enlargement on bail during trial in connection with S.T. No.1542 of 2024, Case Crime No.373 of 2024, under Sections 85, 80(2), 351(3) B.N.S. and 3/4 D.P. Act, Police Station Kotwali Sadar, District Maharajganj.

4. The first information report of the present matter was lodged on 31.7.2024 by Heeraman naming the applicant and the family members of the applicant being father-in-law, mother-in-law, jeth, jethani and three nanad alleging therein that the marriage of his grand-daughter Renu was solemnized with Veeru, (the applicant) on 9.12.2023 in which he had given Rs.285000/- as cash, a motorcycle, jewellery and other items but the accused persons were not happy with it and there was a demand of Rs.2 lakh as additional dowry. The accused persons used to threaten the girl. On hearing it, Rs.15,000/- were given immediately. Subsequently on 26.7.2024 Bechu, the son of the informant transferred Rs.10,000/- in the account of Veeru. The remaining amount was being arranged. On 30.7.2024 the accused persons have murdered her. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that although the applicant is the husband of the deceased but has been falsely implicated in the present case. It is further submitted that the deceased committed suicide and died which is suggestive from the postmortem report wherein cause of death is asphyxia as a result of antemortem hanging. There is a single ligature mark found on the body of the deceased. It is further submitted that trial in the present matter has started in which Heeraman, the first informant has been examined as P.W.1 who did not support the prosecution case and has been declared hostile, certified copy of the same has been placed as annexure no.7 to the affidavit in support of bail application. It is further submitted that Bechu, the son of the first informant and father of the deceased was examined as P.W.2 before the trial court who has also not supported the prosecution case and has been declared hostile, certified copy of the said statement has been placed before the Court which is on page 78 of the paper book, as such looking to the facts of the matter, the implication of the applicant in the present matter is false and without any credible evidence. While placing para no.13 of the affidavit in support of bail application, it is submitted that the applicant and his entire family were made as accused in the present matter in the FIR but the charge sheet has been submitted only against the applicant. The applicant has no criminal history as stated in para 20 of the affidavit in support of bail application. The applicant is in jail since 9.8.2024.

6. Per contra, learned counsel for the State vehemently opposed the prayer for bail.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the husband of the deceased. Cause of death is asphyxia as a result of antemortem hanging. There is a single ligature mark found on the body of the deceased. In the trial the first informant (P.W.1) and the son of the first informant (P.W.2) have not supported the prosecution case and have been declared hostile.

8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

9. Let the applicant-Veeru Gupta, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he/they shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant (s) misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023, may be issued and if applicant (s) fails/fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant (s) is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/them in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

11. The bail application is allowed.

12. Pending application (s), if any, shall stand disposed of. Order Date :- 30.4.2025 Gaurav Kuls (Samit Gopal, J.) GAURAV KULSHRESTHA GAURAV KULSHRESTHA High Court of Judicature at Allahabad High Court of Judicature at Allahabad

2. Heard Sri Narsingh Pandey, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel for the State and perused the material on record.

3. This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant-Veeru Gupta, seeking enlargement on bail during trial in connection with S.T. No.1542 of 2024, Case Crime No.373 of 2024, under Sections 85, 80(2), 351(3) B.N.S. and 3/4 D.P. Act, Police Station Kotwali Sadar, District Maharajganj.

4. The first information report of the present matter was lodged on 31.7.2024 by Heeraman naming the applicant and the family members of the applicant being father-in-law, mother-in-law, jeth, jethani and three nanad alleging therein that the marriage of his grand-daughter Renu was solemnized with Veeru, (the applicant) on 9.12.2023 in which he had given Rs.285000/- as cash, a motorcycle, jewellery and other items but the accused persons were not happy with it and there was a demand of Rs.2 lakh as additional dowry. The accused persons used to threaten the girl. On hearing it, Rs.15,000/- were given immediately. Subsequently on 26.7.2024 Bechu, the son of the informant transferred Rs.10,000/- in the account of Veeru. The remaining amount was being arranged. On 30.7.2024 the accused persons have murdered her. A report be lodged and action be taken.

5. Learned counsel for the applicant argued that although the applicant is the husband of the deceased but has been falsely implicated in the present case. It is further submitted that the deceased committed suicide and died which is suggestive from the postmortem report wherein cause of death is asphyxia as a result of antemortem hanging. There is a single ligature mark found on the body of the deceased. It is further submitted that trial in the present matter has started in which Heeraman, the first informant has been examined as P.W.1 who did not support the prosecution case and has been declared hostile, certified copy of the same has been placed as annexure no.7 to the affidavit in support of bail application. It is further submitted that Bechu, the son of the first informant and father of the deceased was examined as P.W.2 before the trial court who has also not supported the prosecution case and has been declared hostile, certified copy of the said statement has been placed before the Court which is on page 78 of the paper book, as such looking to the facts of the matter, the implication of the applicant in the present matter is false and without any credible evidence. While placing para no.13 of the affidavit in support of bail application, it is submitted that the applicant and his entire family were made as accused in the present matter in the FIR but the charge sheet has been submitted only against the applicant. The applicant has no criminal history as stated in para 20 of the affidavit in support of bail application. The applicant is in jail since 9.8.2024.

6. Per contra, learned counsel for the State vehemently opposed the prayer for bail.

7. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is the husband of the deceased. Cause of death is asphyxia as a result of antemortem hanging. There is a single ligature mark found on the body of the deceased. In the trial the first informant (P.W.1) and the son of the first informant (P.W.2) have not supported the prosecution case and have been declared hostile.

8. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

9. Let the applicant-Veeru Gupta, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he/they shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant (s) misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023, may be issued and if applicant (s) fails/fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under section 209 BNS, 2023. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 351 BNSS, 2023. If in the opinion of the trial court absence of the applicant (s) is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/them in accordance with law and the trial court may proceed against him under Section 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

10. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

11. The bail application is allowed.

12. Pending application (s), if any, shall stand disposed of. Order Date :- 30.4.2025 Gaurav Kuls (Samit Gopal, J.) GAURAV KULSHRESTHA GAURAV KULSHRESTHA High Court of Judicature at Allahabad High Court of Judicature at Allahabad